To establish procedures to resolve undercharge claims by motor carriers based on negotiated but unfiled or illegal tariff rates, to ensure the proper, timely, and accurate filing and enforcement of motor carrier rates in tariffs, to reaffirm the requirement for written transportation contracts, and for other purposes.
Undercharge Settlement and Amnesty Act of 1993 - Amends Federal transportation law to establish a procedure for resolving undercharge claims. Provides for an election to satisfy any such claim by payment of 35 percent of the undercharge. Allows such an election, during the 12 months following enactment of this Act, to any person against whom an undercharge claim is made by a motor carrier of nonhousehold goods property, by a nonhousehold goods freight forwarder, or by any party succeeding to the rights of such a carrier or forwarder. Preserves existing rights and remedies for a shipper or other liable person who does not elect the remedy provided by this Act.
Declares that a small business concern or a charitable organization shall not be liable for an undercharge claim, nor shall any other person where the charge involved is recyclable materials.
Specifies a statute of limitations for motor carrier undercharge recovery actions.
Authorizes motor carriers subject to the Interstate Commerce Commission (ICC) and shippers to resolve, by mutual consent in writing, overcharge and undercharge claims resulting from billing errors or incorrect tariff provisions arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications.
Requires a motor contract carrier to: (1) enter into a written agreement with specified contents, separate from the bill of lading, for each contract of carriage; and (2) retain such an agreement for at least three years.
Requires the ICC to issue final regulations prohibiting a motor carrier: (1) from filing tariffs that fail to state clearly and concisely the actual rates or charges for a transportation service (or a methodology for determining them, including range and trigger tariffs), or that misapply freight classifications; (2) from giving a reduction in a rate set forth in its tariff or contract to any person other than the one paying for the transportation service (and indicated on the bill of lading as such); and (3) from failing to insert the reduction in the rate on the freight bill.
Makes it unlawful for any carrier or person knowingly to: (1) pay, accept, or solicit a reduced rate in violation of this Act; or (2) provide false or misleading information about the actual transportation rates or charges in a freight bill.
Directs the ICC to report to the Congress on the feasibility, costs, and benefits of implementing a system for electronic tariff filing of motor common carrier rates and charges.
Amends the bankruptcy code, with respect to the priority of certain unsecured claims, to state that specified limitations on such claims do not apply if the debtor is a motor carrier that asserts a right against any person or governmental unit to recovery of an undercharge.
Amends the Employee Retirement Income Security Act of 1974 to establish a lien in favor of a multiemployer plan against any debtor motor carrier in bankruptcy that neglects or refuses to pay any installment payment or any amount of accelerated withdrawal liability due the plan.
Laid on the table. See S. 412 for further action.
Became Public Law No: 103-180.
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1177-1178)
Referred to the House Committee on Education and Labor.
Referred to the House Committee on Judiciary.
Referred to the House Committee on Public Works + Transportation.
Referred to the Subcommittee on Economic and Commercial Law.
Referred to the Subcommittee on Surface Transportation.
Referred to the Subcommittee on Labor-Management Relations.
Subcommittee Hearings Held.
See H.R.2121.
checking server…
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line